Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.Register for this month's Breakfast Briefing

One of the many trickling effects of the U.S. Supreme Court’s landmark decision in Burwell v. Hobby Lobby is an influx of cases where private employers are seeking exemptions to federal statutes through the court system. There is another monster under the bed who is not getting as much media attention as these newly filed cases – past cases with rulings that are now inconsistent with the Supreme Court decision.

In an unprecedented ruling for the U.S. Court of Appeals for the Fourth Circuit, (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia), the court determined an employer may be liable for a third party’s harassment of an employee when the employer knew or should have known about the harassment and failed to take action aimed at ending the harassment.

Generally speaking, when an employer’s ERISA claims review board denies an employee’s claim for benefits based on differing rationales throughout the administrative review process, the circumstances suggest foul play. Such fears only become heightened when the employer paying such benefits is also in charge of determining whether benefits should be granted at all. Such a situation was highlighted by a recent Tenth Circuit case. The result, however, illustrates how employers can avoid such daunting stigmas.

Whose decision is it to classify FMLA qualifying leave, the employer or the employee? According to a decision by the U.S. Court of Appeals for the Ninth Circuit, so long as the employer sufficiently recognizes FMLA qualifying leave and notifies the employee of such, it is the employee’s decision to elect for the leave to be considered FMLA protected leave. As the employee in this case discovered, refusing FMLA’s protections can bite back.

The U.S. Court of Appeals for the Seventh Circuit has settled a five-year class action dispute regarding whether non-mandated precautions taken by workers are compensable under the Fair Labor Standards Act (FLSA) for overtime pay. Reversing the opinion of the U.S. District Court in Wisconsin, the court of appeals found a factual dispute exists as to whether precautions recommended but not mandated by the Occupational Safety and Health Administration (OSHA), and aimed at reducing further job-related health risks, was enough to warrant compensation for the time these precautions take to perform.

Doug Pierce was quoted regarding telemarketer access to accident report records. See the related case in the news blurb below regarding ‘promptness’ for producing records under the Tennessee Public Records Act.Watch the report here.

Doug Pierce was cited in the Nashville Post regarding King & Ballow’s victory over the City of Nashville in the Tennessee Court of Appeals; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. Read the article here.

Richard Busch was quoted in The Hollywood Reporter and USA Today about his representation of Jillian Michaels and prevailing against Lion’s Gate. Read the articles here:The Hollywood ReporterUSA Today

Richard Busch interviewed by the BBC in London about U.S. Copyright Law and some of the recent cases on which he has worked. Listen to the interview here.

Richard Busch was cited in The Hollywood Reporter about Ed Sheeran settling the lawsuit over the hit song Photograph.Read the article here.

Eddie Wayland was featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

Doug Piercewas quoted in the Nashville Post regarding King & Ballow’s victory over the City of Nashville; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. A judge ruled the City violated the statute.Read the article here.

Richard Busch was quoted on Law.com about his legal background, experience with copyright infringement cases, and the ‘Blurred Lines’ appeal.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2017 edition of The Best Lawyers in America in the practice areas of: Employment Law - Management, First Amendment Law, Labor Law - Management, Litigation - Labor and Employment and Transportation Law. Mr. Wayland has been consistently recognized by his peers and named to the publication for over 25 years.Read more here.

Richard Busch most recently obtained a favorable decision by the United States Court of Appeals, reversing the district court, and holding that the author of the "Iron Man Theme" from Marvel's "Iron Man" television show, and movies, had submitted sufficient evidence that his creation was not a "work for hire" in order to proceed to trial on his copyright infringement claim. The full decision can be accessed here.

King & Ballow congratulates Eddie Wayland for being featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2016 “Music Industry's Top Lawyers.”Read more here.

Richard Buschwas quoted in Rolling Stone Magazine on the new 'Stairway to Heaven' case.Read the article here.

Eddie Wayland is featured in the Truckload Authority magazine, the official publication of the Truckload Carriers Association in the article, “Labor Pains: New Labor Laws Could Cause You Pain If You Are Not Prepared.” Read the article here.Richard Busch takes on another high-profile copyright infringement case.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2016 edition of The Best Lawyers in America, wherein the top 4% of attorneys in the country are recognized. Mr. Wayland has been consistently named to the publication for over 25 years.Read more here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2015 “Music's Most Powerful Attorneys,” where he was one of only four litigators named.Read more here.

Richard Busch was a featured litigator in Billboard Magazine regarding the “Blurred Lines” case.Read the article here.

Richard Busch appeared on America’s Newsroom this morning to discuss Bill Cosby’s 2005 admission to purchasing Quaaludes to drug women.Watch the video here.

Richard Busch is frequently asked to discuss legal issues on Fox Business News. He recently appeared to discuss the class action lawsuits filed against Manny Pacquiao, and others, related to the alleged non-disclosure of a shoulder injury prior to the fight against Floyd Mayweather.Watch the video here.

King & Ballow congratulates Paul Duvall for being named to Martindale Hubbell Top Lawyers list for Wage & Hour for 2014 and 2013. Click here to read the article.

King & Ballow congratulates Richard S. Busch for being named to the Hollywood Reporter's 2013 list of the top 100 entertainment lawyers in the United States. This is the second year in a row Mr. Busch has been so honored. Mr. Busch, who has been with King & Ballow since 1991, is the partner in charge of the Firm's Entertainment and Intellectual Property sections.Click here to read the article.

Steve Douse was quoted in the article, National Newspaper Association Challenges Valassis, Inc. | Post Deal in Federal Court. Regarding competition with the USPS, Douse said, “It forces firms to compete with the Postal Service and Valassis with one hand tied behind their backs.”Click here to read the article

Richard Busch'sForbes Magazine article, Fighting For The Right To Superman's Copyright: More Brutal Than Anything Lex Luthor Could Have Imagined Click here to read the full article.